Pramod Kumar Tanti @ Pramod Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51347 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -CHARIABARIYARPUR District- BEGUSARAI ====================================================== Pramod Kumar Tanti @ Pramod Tanti Son of Late Ram Kishun Tanti, Resident of Village-Cheriya Bariyarpur, P.S.-Cheriya Bariyarpur, District-Begusarai.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.07.2017 in connection with Cheriya Bariyarpur P.S. Case No. 103 of 2017 for the offences alleged under Sections 363, 366(A) and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated only because he happens to be father of co-accused Shashi Kumar Tanti with whom the so-called victim girl has voluntarily eloped as evident from her deposition recorded under Section 164 of the Code of Criminal Procedure in which her age is assessed to be 19 years. The said accused Shashi Kumar Tanti has been granted bail by the learned Sessions Judge, Begusarai in A.B.A. No. 1087 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.51347 of 2017 (2) dt.09-11-2017 2/2 Manjhaul, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 103 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T